| Mr. Carl W. S. Chun | Director | |
| Mrs. Joyce A. Hall | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | ||
| Mr. Melvin H. Meyer | Member | ||
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded.
APPLICANT STATES: In effect, that he was honorably discharged on 29 May 1969 and he reenlisted on 30 May 1969 while serving in the Republic of Vietnam (RVN). He started having problems after his reenlistment. He believes his problems were associated with Post Traumatic Stress Disorder. He further states that he was living a troubled life during his military years; however, due to his involvement in church he has turned his life around.
EVIDENCE OF RECORD: The applicant's military records show:
On 14 July 1967, the applicant enlisted in the Regular Army for 3 years. He completed the required training and was awarded military occupational specialty 11B10 (Light Weapons Infantryman). On or about 18 March 1968, the applicant departed for the Republic of Vietnam (RVN).
Between August and November 1968, the applicant accepted nonjudical punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) twice, both times for failure to go to his appointed place of duty. His punishments included a forfeiture of $25.00 pay and a reduction to pay grade E-3.
On 29 May 1969, the applicant was honorably discharged for the purpose of immediate reenlistment. On 30 May 1969, the applicant reenlisted for 3 years.
On or about 18 July 1969, the applicant departed the RVN for assignment at Fort Hood, Texas. He was assigned to Company B, 1st Battalion, 1st Brigade, 41st Infantry, 2nd Armored Division.
Between 25 October 1969 and 20 October 1970, the applicant accepted
NJP seven times for offenses including failure to go to his appointed place of duty, disobeying a lawful order, and for being absent without leave. His punishments included forfeitures, restrictions, extra duty, and multiple reductions.
The facts and circumstances pertaining to the applicant’s discharge are missing from his file. Veterans Administration Request for Information (VA Form
07-3101) dated 9 May 1973, filed in the applicant’s service record shows that the facts and circumstances surrounding his discharge were forwarded to the Regional Office in Atlanta, Georgia.
The applicant’s record shows that he was discharged on 16 December
1970, in pay grade E-1, under the provisions of Army Regulation 635-212 for unfitness with a discharge UOTHC. His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows that he completed 1 year, 3 months, and 15 days of creditable active service for this enlistment period. His DD Form 214 also shows multiple periods of AWOL.
Army Regulation 635-212, in effect at the time, set forth the basic authority for separation of enlisted personnel. The regulation provided, in pertinent part, that commanders would separate a member when, in the commander’s judgment, it was clearly established that the member would not develop sufficiently to become a satisfactory soldier. When separated for unfitness (misconduct), a discharge UOTHC was normally considered appropriate.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. In the absence of the applicant’s discharge proceedings the Board can only presume that the applicant’s discharge was conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant’s overall record of military service.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__SAC__ __MHM__ __RKS__ DENY APPLICATION
| CASE ID | AR2002072940 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/08/01 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 1970/12/16 |
| DISCHARGE AUTHORITY | AR635-212 |
| DISCHARGE REASON | A51.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.5000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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